Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Rehabilitation assessment

  • 28 Oct 2010

    HKSAR v. CHENG KONG SANG

    Citation
    HKSAR v. CHENG KONG SANG
    Court
    Court of Appeal
    Case number
    CACC371/2008

    The appeal was allowed to substitute the conviction for trafficking with a conviction for possession under s8 Cap 134; because the DATC report found the appellant not drug dependent and unsuitable for rehabilitation, an immediate custodial sentence was required. The appropriate starting point for about 25g of heroin was fixed at 20 months plus 10 months for latent risk (30 months), reduced by one‑third for the appellant's early plea, producing an effective sentence of 20 months imprisonment.

  • 2 Dec 2004

    HKSAR v. CHAN WING YIN

    Citation
    HKSAR v. CHAN WING YIN
    Court
    Court of First Instance
    Case number
    HCMP2220/2004

    Because the respondent committed the offence aged 15 but had demonstrated sustained institutional rehabilitation, genuine remorse, positive psychiatric and psychological prognoses and low risk of violent recidivism, the court exercised its power under s67C(4)(b) CPO to quash the indeterminate life sentence and substitute a fixed term; having assessed comparable authorities the appropriate term was 30 years with a 3-year discount for conduct in custody, resulting in a determinate sentence of 27 years imprisonment.